THE POLITICS BEHIND HUMAN RIGHTS

Whose is the Responsibility to Protect?

The first part of this article published last week pointed out why caution needs to be taken against too great a focus on meeting specified targets since it has led to other aspects of a full human right to development being neglected;

However, having a system with a considerably broader mandate will only be effective if it is coupled with enforceability. What is needed then is for practitioners to learn from the mistakes of the current development mechanisms, and to build and improve upon them. Possibilities for translating the human right to development from rhetoric into reality at national, regional and international levels are considered below.

THE INTERNATIONAL LEVEL

The priority at the international level should be to ensure that a clear and accepted definition of what the human right to development entails is drawn up. States often disagree about what the human right to development should require or does in fact require, and it will be near impossible to transcend this right into reality until this difficulty is overcome.

Already drafted definitions by human rights scholars and development practitioners could be used as a starting point for such an endeavour, however it will be necessary to add greater detail to this general definition so as to secure firmer commitments.

The aim of practitioners should be to create as full a definition as practicable, without compromising on the feasibility of achieving widespread acceptance by making it too controversial. Ideally, an agreement as to the rights and responsibilities of all members of the international community should be included: there should be an obligation on recipient states to ensure that human rights and development processes are promoted at the national level, and also an obligation on donor states to uphold their aid commitments, and to ensure that their national and international policies do not hinder the human right to development overall.

Reaching an agreement on an internationally recognized definition will be no easy task; however, it is important that practitioners persevere in their aim to achieve this. Arguably, even if only a small number of states can be persuaded to sign up to a definition at first, it can always be made possible for other states to sign up at a later date. The existence of an agreement or a framework-for-an-agreement at the very least will place political pressure on other states to embrace consensus, and will in turn propel the issue of the human right to development higher up the political agenda.

MAKING DEVELOPMENT A REALITY

There is little doubt that the current international development mechanisms need to be improved upon: the UN-MDGs and UN-ECOSOC do not go far enough to move the right to development into reality on their own. The UN-MDGs are not comprehensive enough at present, and are too strictly target-focused; the UN-ECOSOC does not have the ability to impose the level of accountability on states that is needed to enforce a human right to development. Therefore, a stronger and more robust system is needed. As a result of its already wide mandate, one possible solution is to develop the UN-ECOSOC system further, giving it a level of accountability equivalent to that currently given to the MDGs.

It becomes paramount, however, that UN-ECOSOC continues to focus on development processes, rather than simply meeting targets: this will ensure that the shortcomings of the UN-MDG system are averted. Targets introduced should be process-based, rather than results-based, there by neutralizing the danger that comes with being able to meet targets with laudable progress in one region, but little progress in another. State reports should focus on whether people living in rural areas have the same access to development as people living in urban areas, and whether the frameworks being put in place are effective.

As with signing states up to a definition of a human right to development, it will be equally challenging to persuade states to make the UN-ECOSOC system stronger and more authoritative. However, even if UN-ECOSOC can only succeed in obtaining greater political influence, this in itself should be regarded as a milestone in the achievement towards the ultimate realization of a human right to development.

If practitioners can highlight the issues brought up by UN-ECOSOC to national governments and international bodies and organizations, this will increase the influence that UN-ECOSOC’s recommendations could exert. In time, such will lead to states following UN-ECOSOC recommendations, even if they have not yet signed up to being legally bound by them.

THE REGIONAL LEVEL

Regional mechanisms have an important role to play in terms of linking international and national action towards achieving a human right to development. Such collaboration will be critical to the successful promotion of development aims. They can often be more effective than international mechanisms in terms of setting standards, and persuading states to sign up to these standards, only because they have a better understanding of the concerns of states within their region and will not be perceived as being coloured by a ‘Western bias’. The role of regional mechanisms should therefore be to encourage states within their region to promote development, by developing national development policies and programmes.

TOWARDS A REGIONAL CHARTER

To improve the current situation, regional mechanisms need to explore drawing up of a Charter as a start. That said, it must be remembered that such will not suffice for the evolution of development rhetoric into reality. Following on from a Charter, agreements will need to be carefully crafted, and critical reports into the implementation of a human right to development need to be conducted on a regular basis. Developing states may be required to introduce principles of equity and good governance nationally; whereas developed states may be required to remove trade restrictions against least-developed countries.

In all of the above, both developed and developing states need to be constantly reminded of the benefits of protecting a human right to development.

DEVELOPED STATES

Developed states should ensure that their national policies are working to encourage development worldwide, and are not restricting development in any way. Setting out, through their national governments, exactly what actions are going to be taken to meet their commitments is crucial to the enterprise. This could include agreeing on the proportion of indices such as the Gross Domestic Product to be committed to international aid, or legislating to open up trade with developing states. Through transparent declarations of intentions to commit to a human right to development, developed states could be held to account in the event that fail to meet their obligations.

DEVELOPING STATES

It is important that developing states are seen to take action to implement the human right to development nationally: developed nations will be much more willing to offer assistance if they can see that developing nations are also taking responsibility for the realization of such a human right. To achieve this, developing nations should draw up national development plans, setting out exactly what action they will take to encourage development nationally. Such plans whilst being ambitious, must not be unrealistic, and should include details on the infrastructure that will be introduced to improve development, rather than consisting of a mere statement of development targets only.

THE WAY FORWARD

Although there are some positive aspects to current development mechanisms, a great deal more is needed to translate the human right to development from rhetoric into reality. Possible improvements to current systems have been considered in the foregoing discussion; however they are only possible improvements - other possibilities need to be explored and developed. Such approaches need to inform the work of development practitioners, at the national and international levels, across both developed and developing states alike, so as to make the necessary improvements to existing structures. This will contribute significantly towards the ultimate realization of a full and enforceable human right to development which will in turn lead to the increased quality and standard of life and living for people in every region of the world.

(The first part of the article was published in this column on 3rd December 2012)
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